(1) An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:
The person holding the power consents to the modification in a signed record and the modification applies only to the person;
The person holding the power and the qualified beneficiaries of the second trust consent tothe modification in a signed record and the modification grants a substantially similar power to another person; or
The court approves the modification and the modification grants a substantially similar power to another person.
Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 885, § 1, effective August 10.